Jones Act and workers’ comp claims are different because Jones Act claims involve civil liability, and workers’ comp claims allow workers to obtain benefits without taking their employers to court. Understanding the difference between these types of claims and filing one of your own can be difficult, especially without the help of a skilled attorney.
Fortunately, an experienced New Orleans Jones Act lawyer can provide the information and representation you need to obtain fair compensation. Let’s take a closer look at the difference between these types of claims and how an attorney can help you make a financial recovery after a serious workplace accident.
Eligibility Differences Between Jones Act and Workers’ Compensation Claims
One of the most important ways that Jones Act and workers’ comp claims are different has to do with eligibility requirements. To qualify for a Jone Act claim, you must be either a captain or sailor on a vessel on navigable waters of the U.S. or an adjoining land.
To be eligible for Jones Act compensation, you must also spend at least 30% of your working hours on a specific vessel and complete roles directly related to its functioning or tasks. Workers’ compensation claims can be pursued by any workers who are employed on land and injured while performing work-related duties.
Differences in Compensation Between the Two Types of Claims
Another significant difference between Jones Act and workers’ comp claims is the compensation you can receive. Depending on the severity of your injuries and accident-related losses, a successful Jones Act claim can yield the following remedies:
- Medical expenses
- Lost wages
- Decreased earning ability
- Pain and suffering
- Mental anguish
The only downside of a Jones Act claim is that the compensation you’re eligible to receive will be reduced if you are partially at fault for the incident you were injured in. If you contributed to your accident, let your attorney know, and they’ll work hard to get the compensation you need to move forward despite the difficult situation at hand.
While a workers’ comp claim can provide damages for your medical expenses and lost wages, it won’t offer non-economic damages like pain and suffering. However, the upside of a workers’ comp claim is that the financial support you receive won’t be impacted if you contributed to the incident. In fact, you can still receive money even if the accident was entirely your fault.
Can I File a Jones Act Claim and Workers’ Compensation Claim at the Same Time
Unfortunately, you won’t be able to file a Jones Act claim and a workers’ compensation claim for the same incident and injury. Instead, your profession and the nature of the accident will dictate the type of claim you’ll be able to file.
Understanding the differences between the Jones Act and workers’ comp claims can help you determine which one is right for you. That said, it can be difficult to determine what your best course of legal action is, even if you have all the information you need.
That’s where an attorney can be helpful. A New Orleans workplace injury lawyer can assess your situation and advise you on what to do next.
How a Lawyer Can Help You Pursue a Jones Act or Workers’ Compensation Claim
Once an attorney has determined whether a Jones Act or workers’ comp claim is appropriate for your unique situation, they’ll get started on your case. First, your lawyer will likely gather evidence to support your claim. Statements from co-workers who saw the accident occur, as well as video footage, accident reports, medical records, and other documents, will be useful.
Once your lawyer has collected all the evidence available, they’ll construct a robust claim on your behalf. If you’re filing a workers’ comp claim, they’ll go to your employer’s workers’ compensation insurance provider and negotiate a settlement that meets your needs.
If you’re filing a lawsuit under the Jones Act, your lawyer will do so in accordance with state guidelines and filing deadlines. At trial, your attorney will present the facts in a clear and concise manner and make a strong argument as to why you deserve comprehensive compensation for your injuries and losses.
Learn More About How Jones Act and Workers’ Compensation Claims Are Different
Now that you understand how Jones Act and workers’ compensation claims are different, it’s time to get the legal assistance you need to make your claim as successful as possible. At Scott Vicknair Injury Lawyers, we’ve recovered over $100 million in case results for injured seamen and workers like yourself.
We differ from other firms because we prioritize doing the right thing, and we always fight for the win. If you choose to hire an attorney from our team, you’ll get a client-focused advocate who’s willing to fight relentlessly for the results you deserve. Contact us today to schedule a free consultation and learn more about your legal options moving forward.